After adjusting the handling of epidemic related criminal cases, what legal issues remain to be clarified?

2023-01-09

China has officially implemented "Class B and Class B control" for COVID-19 infection. On the 7th, the Supreme Court, the Supreme People's Procuratorate and other five departments jointly issued the Notice on Properly Handling Related Criminal Cases in Accordance with the Adjustment of Epidemic Prevention and Control Policies in the New Stage, which further refined the adjustment of handling epidemic related criminal cases. Relevant experts said that this would be more conducive to meeting the current social evaluation represented by the new regulations and realizing the unification of legal effect and social effect. (On January 8, the vitality of Dongxing, a border city in China, gradually recovered. Photographed by Zhai Li Qiang) These people can be released from custody. On January 7, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice and the General Administration of Customs jointly issued the Notice on Adapting to the Adjustment of Epidemic Prevention and Control Policies in the New Phase and Properly Handling Relevant Criminal Cases in accordance with the Law (hereinafter referred to as the Notice). The Notice clearly states that since January 8, 2023, when the novel coronavirus infection is subject to "Class B control" and no longer included in the management of quarantinable infectious diseases, violations of the preventive and control measures for the epidemic situation of novel coronavirus infection and the provisions of frontier health and quarantine will no longer be convicted and punished for the crime of impeding the prevention and control of infectious diseases in Article 330 of the Criminal Law and the crime of impeding frontier health and quarantine in Article 332 of the Criminal Law. The relevant cases currently being handled shall be handled in a timely and proper manner in accordance with the relevant provisions of the Criminal Law and the Criminal Procedure Law of China. If the suspect or defendant is in custody, the case handling organs shall remove the compulsory measures of custody in a timely manner according to law; If the property involved in the case is sealed up, distrained or frozen, it shall be dissolved in a timely manner according to law. The Notice emphasized that the criminal policy of tempering justice with mercy should be fully and accurately implemented. Those who violate the personal safety of medical personnel, disrupt the normal medical order, seriously disrupt the order of prevention and control of key institutions such as old-age care institutions and social welfare institutions, and those who commit crimes such as manufacturing and selling counterfeit drugs and testing reagents, smuggling and smuggling, and raising prices, which are serious and of a bad nature, shall be severely punished according to law, and resolutely safeguard national security and social stability. For minor epidemic related criminal cases, the focus is on persuading and resolving conflicts, coordinating the implementation of the criminal justice policy of "less catching, more cautious prosecution and more cautious custody", and integrating the focus on traceable governance, restoring social order, and promoting social harmony and stability into judicial case handling. (On the evening of January 7, the international arrival floor of T2 Terminal of Shanghai Pudong International Airport was dismantled overnight. The closed loop transit epidemic prevention barrier for inbound passengers was removed. Photographed by Yin Liqin) Expert: The basic principle of criminal law application is from the old to the light. Zheng Ge, professor of Kaiyuan Law School of Shanghai Jiaotong University, introduced that the basic principle of criminal law application is "from the old to the light". Zheng Ge explained that the principle of "from the old to the light" is the general principle of law application in the legal field involving the prohibition and punishment of certain acts, such as the Criminal Law and the Administrative Punishment Law. The principle of "from the old to the old" is the idea that no punishment is imposed without explicit provisions of the law. If an act is defined as punishable by the new law after the act occurs, it should not be punished according to the old law at the time of the act; The principle of leniency is a supplement to the old principle. If the old law stipulates that the act is illegal and should be punished when the act occurs, but the new law dispenses with the punishment of the act or provides for a lighter punishment, the new law applies. "The adjustment of handling epidemic related criminal cases is a further reflection of the application of the principle of leniency when the new law is lighter than the old law," he said. Beijing

Edit:Hou Wenzhe    Responsible editor:WeiZe

Source:XinhuaNet

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